Media Backgrounder & Commentary:

 Big Tobacco Loses another in Florida as a St. Petersburg Jury Hold Philip Morris and Brown and Williamson Liable for $3.255 million for John Eastman's Lung Disease

Boston
April 3, 2003  

Contact:  Richard Daynard
Edward L. Sweda, Jr. or
Mark A. Gottlieb
617-373-2026
media@tplp.org

CASE BACKGROUND

John Eastman was born in Iowa in 1928. He started smoking in the 1940s between the ages of 14 and 16. He became a regular smoker in 1946 and smoked Lucky Strikes, Pall Mall, Camel and Philip Morris brands. He was diagnosed with testicular cancer in 1961 and was diagnosed with COPD (chronic obstructive pulmonary disease) in June 1995. He has worked as the host for radio and TV programs in several states and has been married and divorced 5 times. He filed suit in state court in St. Petersburg, FL in August 1997 against Brown and Williamson Corp. (successor to American Tobacco Co.) and Philip Morris.

Eastman claims were for negligence, strict liability and fraud. The jury rejected the negligence and punitive damages claims, but found the defendants liable under a strict liability theory.  The award was actually for $6.51 million, but found Mr. Eastman to be 50% responsible for his injuries.

The trial began in St. Petersburg, Pinellas County, on March 10th. The defense began to present its case on March 27th. The case went to the jury on April 2.

COMMENTARY

Richard Daynard, a professor at Northeastern University School of Law and Chair of the Tobacco Products Liability Project commented that, "This is just one of thousands of similar cases pending against tobacco companies and, increasingly, cases are getting to trial and winning."

Edward L. Sweda, Jr., Senior Attorney for the Tobacco Products Liability Project said that "this case involved COPD, a condition that slowly strangles its victims like Mr. Eastman, who was dependent on supplemental oxygen.  Similarly, recent litigation successes against Big Tobacco is beginning to strangle companies like Philip Morris, which has recently discussed the possibility of filing bankruptcy in the near future."   

Mark Gottlieb, also an attorney for the Tobacco Products Liability Project noted that "this is the third time that the plaintiff's attorney, Howard M. Acosta has won a jury verdict against in a tobacco case (although one was overturned on a procedural technicality).  He has many more cases pending." 

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